DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3213)

PARAGON BUILDING SERVICES PTY LTD T/AS ACT INTERIORS AND CFMEU ACT FINISHING AND FAÇADE TRADES ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 NOVEMBER 2020

Application for approval of the Paragon Building Services Pty Ltd t/as ACT Interiors and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Paragon Building Services Pty Ltd t/as ACT Interiors and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2020. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Paragon Building Services Pty Ltd t/as ACT Interiors and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2020. The application was brought before the Fair Work Commission (FWC) to determine if the agreement met the necessary criteria for approval and registration under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in accordance with the relevant provisions of the Fair Work Act. Key points of contention included whether the agreement's provisions on pay rates, conditions, and other employment terms were fair and reasonable, and whether the agreement was genuinely negotiated between the parties. The Commission also considered the procedural aspects of the agreement-making process, including whether there was sufficient consultation and negotiation between the parties.

The Fair Work Commission found that the agreement met the criteria for approval and registration. The Commission determined that the pay rates and conditions outlined in the agreement were fair and reasonable, taking into account the economic context and the interests of both employers and employees. The Commission also found that the agreement was genuinely negotiated and that there was adequate consultation and negotiation between the parties. As a result, the Commission approved the agreement and directed its registration.

The Commission's decision was based on a detailed analysis of the agreement's provisions and the evidence presented by both parties. The Commission considered the economic context, the interests of employees and employers, and the overall fairness of the agreement. The decision provides guidance for future enterprise agreements and ensures that the agreement-making process is fair and reasonable for all parties involved.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established